.
Proposed
Federal Legislation
NOTE: Legislation is subject to change. Check with your State Senators and Congress Members
for updated information on the bills described below.
2005: Development Relief and Education for Alien
Minors (DREAM) Act· (S. 2075) the DREAM Act of 2005 is a bipartisan bill
· It could become law if passed by both houses of Congress and sign by the President before
the end of 2006.·
If passed, the proposed legislation will
have a far bigger impact on education, fairness to children, and American competitiveness than on immigration to the U.S.· The measure would provide that upon high school graduation, individuals who were brought
as undocumented children and have grown up in the U.S. would be able to apply for six years of conditional legal immigration
status which would be made permanent if they continue to go on to college or serve in the military.· It would eliminate a provision of law enacted in 1996 that
currently requires lawful immigration status in order to qualify for any post secondary education benefit based on state residency.· Should the federal bill be signed into law, it will enable undocumented persons to be
eligible for subsidized in-state tuition rates.
2005: Student
Adjustment Act
· A House Bill, a companion bill to the DREAM Act
· It is still on hold and is waiting for the House leadership to decide whether or not it will get an opportunity to be
attached to some other legislation. The objective of this bill is to amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality
Act to cancel the removal and adjust the status of certain alien college bound students who are long-term U.S. residents.
· This Act would provide higher education benefits for Student Adjustment Act Applicants. The Student Adjustment Act ensures
that students who are applying for immigration relief under the legislation may obtain Pell grants and student loans on the
same basis as other students while their application is being processed.
Proposed
California Legislation
2005: California DREAM Act
- Under
Senate Bill 160, authored by Hon. Gil Cedillo
- Requests
the UC system, and requires the CSU and CCC to establish procedures and forms
to enable students who are exempt from paying nonresident tuition, under AB 540, to participate in all student aid programs
administered by these segments and by the State of California to the fullest extent permitted by, and consistent with, federal
law.
- The
bill also provides that persons exempt from paying nonresident tuition, as specified, who otherwise are qualified, shall receive
a CCC's Board of Governors (BOG) fee waiver.
- Future
action is expected, and hence, remains one of California’s
future legislations. Contact Honorable Gil Cedillo’s office for more information. www.senate.ca.gov/cedillo
Additional
Information
Since 2001,
nine states have passed laws permitting certain undocumented students who have attended and graduated from their primary and
secondary schools to pay the same tuition as their classmates at public institutions of higher education. Texas became the first state to allow undocumented immigrants who graduate from a state
high school to pay in-state resident tuition at public universities. Eight other states have passed similar measures since
then. The states are California, Illinois, Kansas,
New Mexico, New York, Oklahoma,
Utah, and Washington.
For a complete list of bills proposed
or enacted in your state, regarding immigrant access to higher education, please visit: http://www.nilc.org/immlawpolicy/DREAM/DREAM_Bills.pdf
High School
attendance is the primary requirement to qualify under these bills. To qualify, all 9 states require the students to have:
1. Attended a school in the state for a certain number of years
2. Graduated from high school in the state; and
3. Signed an affidavit stating that they have either applied
to legalize their status or will do so as soon as eligible.
These laws
also provide that U.S. citizens or permanent
residents who meet these requirements but no longer live in the state are able to qualify for the same tuition rate.
Federal
law does not prohibit states from providing in-state tuition to undocumented immigrants. However, it is under the state’s
discretion to decide whether to do so or not. IIRIRA (§ 505) prohibits states
from providing any higher education benefit based on residency to undocumented immigrants unless they provide the same benefit
to U.S. citizens in the same circumstances, regardless of their residence (state).
Information about policies and programs to assist undocumented
immigrants can be found at the following websites:
Facts About Immigrants
http://www.nilc.org/immspbs/research/pbimmfacts_0704.pdf
Further Demographic Information Relating to the DREAM Act
http://www.nilc.org/immlawpolicy/DREAM/DREAM_Demographics.pdf
La Agencia de Orci Launches New PSA Campaign for MALDEF
http://www.hispanicbusiness.com/news/newsbyid.asp?id=9586
Overview
of Immigrant Eligibility for Federal Programs
http://www.nilc.org/immspbs/special/pb_issues_ovrvw_042005.pdf
Most of the DREAM Act description was obtained from NILC’s “Basic Facts about
In-State Tuition for Undocumented Immigrant Students” (July 2005). This Information was all provided by the Center for Higher Education Policy Analysis (CHEPA) at the University of Southern California, the Salvadoran American
Leadership and Educational Fund (SALEF), and Malou Chavez.
In addition
to the contributions by the following organizations:
Coalition for
Humane and Immigrant Rights- Los Angeles, East L.A. College, Espiritu de Nuestro Futuro at California State University, Dominguez
Hills, IDEAS at the University of California, Los Angeles, LAUSD District 2, Los Angeles Area Chamber of Commerce, Marco Antonio
Firebaugh Consulting, Mexican American Legal Defense and Education Fund (MALDEF), Santa Monica College, Early Academic Outreach
Program at UCLA, Vellanoweth & Gehart, LLP, and many other individuals and organizations.
